Kirksey v. State

PRENDERGAST, Judge.

—The appellant was indicted by the grand jury of Shelby County in February, 1910, for a violation of the prohibition law under an election for that purpose held in September, 1909, at which election it was properly declared carried and in force in said county by the Commissioners’ Court in November, 1909. His punishment was fixed at confinement for two years in the penitentiary.

1. On a trial of the cause the appellant sought to have the ballot boxes at said election brought into court and the ballots examined and counted, claiming that there was some defect in the ballot…